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Additional Terms : Hosting Products

These Additional Terms supplement the Faye Master Subscription Agreement (found here: https://fayedigital.com/terms/msa/ or otherwise executed by the parties) (the “FMSA”) and apply to specific aspects of the Products and Services as described herein. Capitalized terms used and not specifically defined herein have the meanings given to them in the FMSA. Notwithstanding anything to the contrary in the FMSA, Faye reserves the right, at its sole discretion, to update the Additional Terms detailed below as needed to accommodate development of new features and functionality. All items specified in this document are also subject to the terms and conditions found here: https://fayedigital.com/terms/faye-products/

  1. Definitions:
    • Hosting Product: The term “Hosting Product” encompasses a variety of different hosting products that are provided by Faye including but not limited to:
      1. Custom Shared Hosting
      2. Faye Hosting
      3. Faye Zendesk Hosting
      4. FBSG HIPAA Hosting
      5. FBSG Sugar Hosting
      6. FBSG Sugar Hosting Setup Fee
      7. HIPAA SugarCRM Managed Cloud Hosting
      8. Liquid Web Hosting
      9. SugarCRM Managed Cloud Dedicated Hosting
      10. SugarCRM Managed Cloud Hosting
      11. SugarCRM Managed Cloud Shared Hosting
      12. Website Hosting
  2. Custom Application Hosting
    • Product Feature Grid
      Standard Advanced Enterprise
      Application
      Operating System Linux Linux Linux
      File & Data Storage (GB) (Encrypted at rest) 10GB 20GB 50GB
      vCPU 2 4 8
      RAM 8 16 32
      Network Bandwidth up to 12.5gbps up to 12.5gbps up to 12.5gbps
      CIS Level 1 server hardening Add-on Add-on Add-on
      Continuous Vulnerability Inspection Yes Yes Yes
      Intelligent Threat Detection Yes Yes Yes
      Basic Managed DDos Protection Yes Yes Yes
      Basic WAF Yes Yes Yes
      SSL Cert Yes Yes Yes
      Restricted access through load balancer HTTPs (port 443) Only HTTPs (port 443) Only HTTPs (port 443) Only
      Basic Reporting Uptime & Usage Uptime & Usage Uptime & Usage
      Database
      Storage Engine MySQL MySQL MySQL
      DB storage (GB) (Encrypted at rest) 10GB 20GB 50GB
      Network Bandwidth up to 12.5gbps up to 12.5gbps up to 12.5gbps
      Infrastructure Support
      Standard Yes Yes Yes
      Backups
      Type Daily, Incremental Daily, Incremental Daily, Incremental
      Retention up to 3 months up to 3 months up to 3 months
      Storage 3 TB 3 TB 3 TB
    • Product Add-Ons Grid
      Standard Advanced Enterprise
      Additional Backup Storage $ $ $
      Additional Sandbox $ $ $
      Advanced DDoS protection $ $ $
      Application RAM $ $ $
      Application vCPUs $ $ $
      Cache Management $ $ $
      CDN Hosting $ $ $
      CIS Level 1 Server Hardening $ $ $
      CIS Level 2 Server Hardening $ $ $
      DB RAM $ $ $
      DB Read Replica $ $ $
      DB vCPUs $ $ $
      Dedicated AWS Account $ $ $
      Dedicated AWS Organization $ $ $
      Dedicated VPN Tunnel $ $ $
      Email Service $ $ $
      Extra Bandwidth $ $ $
      Extra DB Storage (per GB) $ $ $
      Extra Disk Space (per GB) $ $ $
      GovCloud $ $ $
      HIPAA $ $ $
      MS SQL DB Server (Upgrade) $ $ $
      Multi AZ DB $ $ $
      NIST-certified FIPS crypto-modules $ $ $
      NoSQL DB Add-on $ $ $
      NoSQL DB Upgrade (replaces mySQL) $ $ $
      Notification Service $ $ $
      OpenSearch $ $ $
      Queuing Service $ $ $
      Sensitive Data Discovery $ $ $
      sFTP $ $ $
      Sugar HA 2 servers $ $ $
      Sugar HA 3 Servers $ $ $
      Todyl SASE $ $ $
      VPN Connection (User Base) $ $ $
      Windows Hosting $ $ $
      WordPress Application Server $ $ $
      Workspaces (pricing based upon usage) $ $ $
    • Additional Hosting Resources
      1. Planned Resources:
        • In the event additional hosting resources are needed, such as servers, storage space, AWS services, and additional backup resources, Faye will make a best effort in advance to provide pricing to Company.
      2. Consumption-Based Resources:
        • In the event additional hosting resources are consumed without prior notice, Faye will make a best effort to notify as soon as possible these additional hosting resources consumed and Company agrees to pay Faye for the additional resources consumed.
        • Pricing for Consumption-Based Resources will be provided by Faye at the time of invoicing.
  3. Support:
    Support is defined as Infrastructure Support (“A/K/A Hosting Support”) and Application Support

    • Infrastructure Support – Standard: Infrastructure Support includes hosting related issues, such as availability, performance, backups, access, and security. Company is allowed up to 1 designated contact who can submit support tickets on company behalf. Infrastructure Support is available via email during the business hours of M-F 9am – 5pm PST excluding Holidays. Faye makes a best effort to respond to critical production-related issues in 4 hours and 24 hours for non-critical issues. These response times are not guaranteed. Infrastructure Support includes patching and upgrading of server(s). Additional Infrastructure Support is available for purchase through a managed services subscription plan.
    • Application Support: Application Support is not included with any Hosting Products. Application patches and upgrades are not included. Additional costs may apply for application support and application upgrades. Application support must be purchased through a managed services subscription. Examples of Items and services considered new scope of work: SQL optimizations, additional backups, configuration of additional monitoring, system migrations, source code changes and modifications, database development, and project/account management. Items and services considered new scope will require a statement of work.
    • c.Company agrees that Faye may require a patch or upgrade to be applied in order to comply with Faye internal controls and compliance requirements. Faye will make best efforts to notify Company in advance, however it may be required to perform this work without advanced notice to Company. Company agrees to pay for the required work.
  4. Censorship:
    Faye will exercise no control whatsoever over the content of the information passing through the network, email or web site. Company shall be solely responsible for any and all content uploaded, passed through or otherwise hosted in any Hosting Product.
  5. Access:
    Server and application access is limited to HTTPS. SSH/FTP/SFTP and other communication methods are not included.
  6. Backups:
    As part of the Hosting Products Faye may include backups of data. Backups are stored using an automated backup service and can only be restored to the hosted environment. Additional files system or database backups requested by the Company can be provided at an additional cost and will be documented and agreed upon in an amendment to the Product Order Form.
  7. Security:
    VPN service and SSO/MFA products are not included unless ordered on the Product Order Form. These are available as add-ons. Company will either purchase SSO/MFA product from and VPN product from Faye or will provide their own. In the event Company does not use either, Company assumes the risk associated with not having these products in place.
  8. Service Availability:
    The Faye is fully committed to providing quality service to all customers and will use commercially reasonable efforts to have the service available 24 hours per day, 7 days per week, excluding any scheduled maintenance as described below and unscheduled downtime due to events beyond its control.  Faye’s goal is to maintain a 99% monthly average of scheduled availability of its servers.  Server availability is defined as Company’s ability to connect to Company’s application and customer data through remote desktop.
  9. Outages Due to Load:
    The Company will be notified should any server become unresponsive. If a server is determined to be unresponsive due to internal process load or external load from overuse, Faye will recommend the actions to be taken. Should Company decide not to take the recommended action, Faye will not be held accountable for the time that the server is unresponsive.
  10. Scheduled Maintenance:
    The scheduled maintenance and upgrade window for all subscribers will be performed from 1:00am to 6:00am pacific standard time. Notification from Faye’s administrative staff will occur at least 48 hours prior to work being performed. Notification failure of normal maintenance by Faye staff will result an application of the uptime guarantee. Faye shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Hosting Product. Faye agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Faye be held liable for any financial or other damages due to such interruptions. In no event shall Faye be liable to Company or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refund of fees, loss of profits, cost of cover, loss of income or cost of replacement services.
  11. Proprietary Rights and Data:
    • Company’s Compliance with Privacy Laws; Purpose Limitation Company will at all times comply in full with the requirements of any applicable privacy and data protection laws (including where applicable, European Union Directives 95/46/EC and 2002/58/EC and any national implementation(s) of them) to which it is subject as a Data Controller (“Applicable Privacy Law(s)”). Faye will process data in accordance with Faye’s instructions under Applicable Privacy Law(s) and will not: (a) assume any responsibility for determining the purposes for which and the manner in which the data is processed, or (b) process the data for its own purposes.
    • HIPAA and PHI dataCompany understands and acknowledges that neither the Hosting Product nor any installed third party software are configured to receive and store personal health information (“PHI”), as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and that the Faye is neither a “Covered Entity” nor a “Business Associate,” as those terms are defined in HIPAA. As such, Company agrees not to use the Hosting Product service or provide access to or submit any PHI to Faye when requesting technical and/or support services, in either case, to, directly or indirectly, submit, store or include any PHI as part of the Company’s data. Company agrees that Faye may terminate this Agreement immediately, if Company is found to be in violation of this Section
    • Usage DataIn the course of providing Company with the services contemplated in the Agreement, Faye may collect, use, process and store diagnostic and usage related content from the computer, mobile phone or other devices the Company uses to access the Hosting Product or installed third party software. This may include, but is not limited to, IP addresses and other information like internet service, location, the type of browser and modules that are used and/or accessed (the “Usage Data”). Usage Data does not, however, include Company data. Company agrees that Faye may process Usage Data to create and compile anonymized, aggregated datasets and/or statistics in order to: (a) maintain and improve the performance and integrity of the Hosting Product and installed third party software; and (b) comply with all regulatory, legislative and/or contractual requirements, provided in each case that such aggregated datasets and statistics will not enable Company or any living individual to be identified.